Gideon: then and now.

• Author: Aronovitz, Tod
• Position: Gideon v. Wainwright

"The poor man charged with crime has no lobby. Ensuring fairness and equal treatment in criminal trials is the responsibility of us all."

Attorney General Robert Kennedy

In Panama City in 1961--for the burglary of 12 bottles of Coca Cola, 12 cans of beer, four fifths of whiskey, and about $65 in change from the cigarette machine and jukebox of the Bay Harbor Poolroom--Clarence Earl Gideon, a penniless drifter too poor to hire a lawyer, asked that the state appoint counsel for him. His request was denied. On March 18, 1963, the U.S. Supreme Court agreed to hear Gideon's case and ruled that a state must provide legal counsel to anyone charged with a felony who cannot afford a lawyer.

Gideon's trial in Florida began on August 4, 1961.

The Court (Judge Robert L. McCrary, Jr.): The next case on the docket is the case of State of Florida, Plaintiff, versus Clarence Earl Gideon, Defendant. What says the State, are you ready to go to trial in this case?

Mr. Harris (William E. Harris, Assistant State Attorney): The State is ready, your Honor.

The Court: What says the Defendant? Are you ready to go to trial?

The Defendant: I am not ready, your Honor.

The Court: Did you plead not guilty to this charge by reason of insanity?

The Defendant: No, Sir.

The Court: Why aren't you ready?

The Defendant: I have no counsel.

The Court: Why do you not have counsel? Did you not know that your case was set for trial today?

The Defendant. Yes, sir, I knew that it was set for trial today.

The Court: Why, then, did you not secure counsel and be prepared to go to trial?

The Defendant answered the Court's question, but spoke in such low tones that it was not audible.

The Court: Come closer up, Mr. Gideon, I can't understand you. I don't know what you said, and the Reporter didn't understand you either.

At this point the Defendant arose from his chair where he was seated at the Counsel Table and walked up and stood directly in front of the Bench, facing his Honor Judge McCrary.

The Court: Now tell us what you said again, so we can understand you, please.

The Defendant. Your Honor, I said: I request this Court to appoint counsel to represent me in this trial.

The Court: Mr. Gideon, I am sorry, but I cannot appoint counsel to represent you in this case. Under the laws of the State of Florida, the only time the court can appoint counsel to represent a defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint...